Definitions

Administrative Authority means the senior individual identified at the outset of a process to have administrative responsibility for the Respondent, or decision making authority. Administrative Authority may include but are not limited to: Vice-Presidents, Deans, Chairs, Executive Directors, Directors or, other senior positions in the University.

One of the reasons why people fear coming forward to disclose Sexualized Violence is because they were drinking or taking drugs at the time of the assault. They may fear they will get in trouble. Recognizing this, the University “will not subject any individual who discloses or reports Sexualized Violence to disciplinary action for alcohol or substance use occurring at or near the time of the incident(s)”.

To read more see s.22 of the Policy.

Complainant means a person who makes a Report to Equity and Human Rights (“EQHR”) alleging a violation of this policy. A Survivor will be referred to as a Complainant after a Report has been filed with EQHR.

Consent means the voluntary agreement to engage in sexualized contact or activity and to continue to engage in the contact or activity. Consent means that all persons involved demonstrate, through words or actions, that they freely and mutually agree to participate in a contact or activity.

More specifically:

(a) consent must be given at the outset and at all stages of sexualized contact or activity;

(b) it is the responsibility of the initiator to obtain ongoing Consent;

(c) consent can be withdrawn at any time by any participant;

(d) someone who is Incapacitated cannot Consent;

(e) there is no Consent where one person abuses a position of trust, power, or authority over another person;

(f) past Consent does not imply future Consent;

(g) a person cannot give Consent on behalf of another person; 

(h) silence or the absence of “no” is not Consent; and,

(i) the absence of perceived resistance is not Consent; and (j) there is no Consent when there is coercion, force, threats, or intimidation towards any person, or where there is fraud or withholding of critical information that could affect a person’s decision to Consent.

Maintaining confidentiality is important for creating an environment where survivors feel safe disclosing. For students who receive a disclosure, the best thing to do is connect the survivor with an on- or off-campus professionals who can provide the survivor with clear information about the options and supports available to them.

In some cases, faculty and staff have an obligation under the Sexualized Violence Policy to tell their supervisor or the Sexualized Violence Resource Office in EQHR about the disclosure they received. For instance, if:

•  A person is at risk of self-harm or of harming others;
•  There is an imminent risk of harm to the university community and/or the broader community;
•  The disclosure involves sexual harassment in their place of employment;
•  A person under the age of 19 is endangered; or,
•  Disclosure is otherwise required by law.

In all these instances, it is important to consider whether the potential harm is foreseeable and imminent. If so, the minimum amount of information needed to meet legal or other obligations should be disclosed. For example, you may not need to share the name of the Survivor or details that might identify the Survivor. If you think you have a legal duty to tell someone about a Disclosure, the Survivor should be fully informed and supported at every step in the process, recognizing that a loss of confidentiality and anonymity can have a significant long term impact on their well-being.

Deciding whether to break someone’s confidentiality is not an easy choice and not one that should be undertaken without a clear understanding of the rights of the person disclosing. If you are unsure about your responsibility to share information regarding a disclosure under the policy, you should seek advice from the Sexualized Violence Resource Office.

If you are required to break confidentiality under the policy, be sure to inform the Survivor. Give them the option of telling your supervisor or the Sexualized Violence Resource Office themselves, so they get to choose what information is shared.

To read more see s.25 of the Policy.

Disclosure means telling someone about an instance of sexualized violence. A disclosure does not initiate an investigation unless a report is made.

See s.18 of the Policy for how to do this.

Incapacitated means a person does not have the capacity to give consent because, for instance, the person is impaired by alcohol or drugs, or is asleep or unconscious, or is experiencing a traumatic response. A person does not have the capacity to give consent when the person cannot appreciate the who, what, when, where, why, or how of a physical contact or sexual activity.

The Sexualized Violence Prevention and Response Policy applies to all members of the UVic community. Anyone can access support, at any time, following an incident of sexualized violence. There are no jurisdictional limits to seeking and receiving support.

However, UVic only has jurisdiction to investigate reports of Sexualized Violence if the incident occurred in the following circumstances:

1. on any property that is controlled by the University and used for University purposes;
2. when the Respondent is or was in a position of power or influence over the Survivor’s academic or employment status at the University;
3. while engaged in a University Activity, including, for example: athletic events, online courses or meetings, conferences, co-op terms, field schools, etc.

Even if an incident does not meet the above criteria, the university may still take actions to mitigate the impact of an incident. If you are unsure, please contact the Sexualized Violence Resource Office for information and advice.  

To read more see s.9-10 in the policy.

To Report sexualized violence means completing a “Report Form” and filing it with EQHR, with the intention of initiating an investigation.

Sexualized violence means, for the purposes of this policy, any non-consensual, unwanted actual, attempted, or threatened act or behaviour, that is carried out through sexual means or by targeting a person’s sex, sexual identity, or gender identity or expression. This act or behaviour may or may not involve physical contact. Sexualized Violence can take place through any form or means of communication (e.g., online, social media, verbal, written, visual). Sexualized Violence is a continuum of behaviour that includes but is not limited to all forms of sexual misconduct as set out in the Sexual Violence and Misconduct Policy Act. Examples of Sexualized Violence include:

(a) salacious comments;

(b) sexual assault;

(c) sexual exploitation;

(d) sexual harassment;

(e) stalking;

(f) stealthing;

(g) indecent exposure;

(h) voyeurism; and,

(i) the distribution of a sexually explicit photograph or video of a person to one or more persons other than the person in the photograph or video without the Consent of the person in the photograph or video

Student includes any of the following:

(a) a person who is registered, enrolled, or participating in any course or program (credit or non-credit) offered by the University;

(b) an undergraduate who has been enrolled at the University for one or more of the last three terms and is eligible to continue in a program of study;

(c) a graduate student who is enrolled at the University in the current term and is eligible to continue in a program of study;

(d) a graduate student who is on an approved or personal leave and is eligible to enroll at the University when the leave ends; or,

(e) a visiting or exchange or audit student who has been formally admitted to the University for the purposes of taking courses or to take part in an approved research term.

Survivor-centred means prioritizing the safety and choices of Survivors. Survivor-centred means to treat Survivors with dignity and respect rather than blame, hostility, or suspicion and to respect their rights, interests and agency by allowing them to make decisions about whether to file a Report and the extent of their participation.

Third Party Statement means when someone (e.g. friend, staff, faculty, colleague) shares information with the Sexualized Violence Resource Office about Sexualized Violence on behalf of, and with the consent of, the person who experienced Sexualized Violence (see section 20).

To read more, see s.20 of the Policy.

Trauma-informed means incorporating an understanding of the impact that Sexualized Violence has on a person’s life, to minimize re-victimization, and facilitate recovery and empowerment.

University Community means:

(a) credit and non-credit students, including distance students and continuing studies students;

(b) faculty, librarians and staff members;

(c) anyone holding a University appointment;

(d) post-doctoral fellows;

(e) all persons employed under contracts with University faculty members as the employer and who provide research or administrative services directly supporting faculty members’ research activities;

(f) visiting researchers;

(g) anyone contractually required to abide by University policies;

(h) anyone volunteering with a University program or activity;

(i) members of the Board of Governors and Senate; and,

(j) anyone who ordinarily resides on campus because of their relationship with the University.